FWC president: AI claims compromising major case capacityFair Work Commission president Adam Hatcher warned the impact of AI-driven claims is compromising its ability to handle major workplace cases including working-from-home rules.Ewin HannanWORKPLACE EDITORFair Work Commission president Adam Hatcher is concerned about the impact of AI-driven claimsGift this article2 min read41 minutes agoFair Work Commission president Adam Hatcher has warned the tribunal’s capacity to deal with major cases looking at new working-from-home rules and rights for gig workers is being compromised by a surge in its workload caused by a rise in AI-driven claims.In a speech to the Victorian Bar Association, Justice Hatcher said it became clear during 2025 that the FWC’s operations were being significantly disrupted by the availability and use of AI tools, as evidenced by a record number of annual lodgements that could hit 55,000 by July. “The bottom line is that by the end of this financial year, it is likely that the FWC’s total workload will have increased by over 70 per cent in the space of three years,” he said. “That this is principally being caused by the increasing use of AI tools by potential litigants is, in my view, the only reasonable inference which can be drawn.”He said the increased workload was beginning to affect the FWC’s overall performance, with the tribunal currently not meeting a key performance benchmark that 90 per cent of reserved decisions are issued within 12 weeks. “We were, through to the end of the 2024-25 financial year, able to maintain this benchmark despite the growth in matter numbers, and that was an outstanding effort by the FWC’s members,” Justice Hatcher said. “However, the performance has now started to slip because of the workload pressure so that, for the year to date, we have now fallen below the benchmark for the first time in many years, with 85 per cent of decisions issued within 12 weeks. I expect further slippage in other areas as the workload continues to increase.He said his biggest concern was that the FWC’s capacity to deal with major cases and other time-consuming functions was being compromised.“We have a significant number of major cases in the pipeline, including gender-based undervaluation matters, reviews of award provisions relating to working from home and part-time employment, and the establishment of minimum standards orders for digital platform workers.“These matters all require full benches of three or five members engaging in lengthy sittings and writing lengthy decisions of considerable public importance.” Justice Hatcher said another of the tribunal’s core functions was to facilitate, on request, enterprise bargaining, which required members to engage in very time-consuming conferencing with the bargaining parties.“For example, we recently had a request from a university and its relevant unions to make a member available for a two-week period to guide bargaining for a new agreement,” he said. “However, the relentless pressure of dealing with dismissal and general protections matters makes it difficult to devote the time and resources necessary for this sort of activity.” In the face of this AI-generated disruption, Justice Hatcher said the FWC had to reform its procedures by requiring applicants to disclose the use of AI in all forms and documents. “We will also change our witness statement template to include a disclosure requirement in similar terms. This will include a warning that, under section 678 of the Fair Work Act, a witness commits an offence if they give sworn or affirmed evidence before the FWC which is false or misleading,” he said.He renewed his call for the government to make technical amendments to the legislation to allow faster handling of general protections claims.More CoverageFWC grills bosses on productivityEWIN HANNANExecutives fear AI is making them obsoleteEWIN HANNANJoin the conversationAdd your comment to this storyTo join the conversation, please log in. Don't have an account? RegisterJoin the conversation, you are commenting as LogoutMore related storiesNationOne Nation divided over Hanson’s ‘good Muslims’ commentBarnaby Joyce has broken ranks with Pauline Hanson, arguing Muslims who reject literal interpretations of the Koran should be welcome in Australia amid a widening rift on the right.Read moreNationLabor dives for cover over tougher powers for IBACThe Allan government on Thursday night was forced to adjourn parliament to avoid a defeat on a bill that would have granted ‘follow the money’ powers to Victoria’s anti-corruption watchdog.Read more